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WEBER v. RAINS

No. 28631.

933 N.W.2d 471 (2019)

2019 S.D. 53

Gene WEBER and Clarissa Weber, Plaintiffs and Appellees, v. Gerald RAINS and K & L Construction, Inc. d/b/a K & L Landscape & Construction, Inc., Defendants and Appellants.

Supreme Court of South Dakota.

OPINION FILED September 4, 2019.

Attorney(s) appearing for the Case

MICHAEL D. BORNITZ , KIMBERLY R. WASSINK , ROBERT D. TRZYNKA , SAMUEL A. KRYSTOSEK of Cutler Law Firm, LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

ROSS M. WRIGHT , DANA VAN BEEK PALMER of Lynn, Jackson, Shultz, & Lebrun, P.C., Sioux Falls, South Dakota, Attorneys for defendants and appellants.

[¶1] Gene Weber brought suit against Gerald Rains and K & L Construction (the Appellants) for injuries sustained in a motor vehicle accident. The jury returned a verdict in favor of Weber and awarded damages. On appeal, the Appellants claim the circuit court abused its discretion when it denied their motion to exclude testimony...

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